Bill Text: CA AB1169 | 2023-2024 | Regular Session | Amended
Bill Title: California School Employee Housing Assistance Grant Program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1169 Detail]
Download: California-2023-AB1169-Amended.html
|
Amended
IN
Assembly
March 02, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1169
| Introduced by Assembly Member Wilson |
February 16, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
AB 1169, as amended, Wilson.
Housing: local educational agencies. California School Employee Housing Assistance Grant Program.
Existing law establishes the Department of Housing and Community Development in the Business, Consumer Services, and Housing Agency and makes the department responsible for administering various housing programs throughout the state, including, among others, the Multifamily Housing Program, the CalHOME Program, and the California Emergency Solutions Grants Program.
This bill would require the department to administer a program to provide financing assistance for the creation of affordable rental housing for employees of a qualified school district, as defined. The bill would require financing of rental housing assistance be in the form of specified types of loans. The bill would require the department, when making loans to qualified developers under these
provisions, to establish and use a project selection process that meets specified requirements. The bill would create in the State Treasury the California School Employee Housing Assistance Fund for these purposes. The bill would make implementation of these provisions subject to appropriation by the Legislature.
Under existing law, a housing development project is required to be deemed an allowable use on any real property owned by a local educational agency, as defined, if the housing development satisfies certain conditions, including that the development consist of at least 10 housing units.
This bill would state the intent of the Legislature to enact legislation that would create incentives for the building of affordable housing for local educational agencies.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 4 (commencing with Section 50570) is added to Part 2 of Division 31 of the Health and Safety Code, to read:CHAPTER 4. California School Employee Housing Assistance Program
50570.
For purposes of this chapter:(a) “Affordable rental housing” means housing that serves persons and families of low or moderate income as defined by Section 50093.
(b) “Qualified developer” means a developer that has partnered with a qualified school district to create affordable rental housing for school district employees.
(c) “Qualified school district” means a school district that satisfies all of the following:
(1) Has acquired land that may be used to engage in a lease and development agreement, including, but not limited to, a joint occupancy agreement, for the
purposes of design, construction, financing, and long-term operation of a housing development and amenities, from any of the following:
(A) A school district.
(B) A special district.
(C) A city.
(2) Demonstrates to the department that any project funded through a predevelopment loan pursuant to this chapter meets both of the following requirements:
(A) The project is subject to a project labor agreement, as defined in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(B) The project either is a public work for purposes of Article 2 (commencing with Section 1770) of Chapter 1 of Part 7 of Division 2
of the Labor Code or is otherwise subject to a legally binding requirement that prevailing wages be paid to all workers employed on the project.
(d) “School district employee” means any employee of the school district, including teachers, and any employees of an entity described in Section 421 of the Education Code that is located within the jurisdictional boundaries of the school district.
50571.
(a) The department shall administer a program to provide financing assistance for the creation of affordable rental housing for school district employees. The financing of rental housing assistance shall be in the following forms:(1) Loans for the payment of a feasibility study and an owner’s representative until the project is finished or is rendered no longer feasible.
(2) Predevelopment loans to developers partnered with qualified school districts. A developer may partner with a qualified school district by entering into a memorandum of understanding with the qualified school district to create affordable rental housing for school district employees.
(3) Loans to qualified developers.
(b) The department shall do all of the following:
(1) Be responsible for overseeing the program.
(2) Award predevelopment loans as follows:
(A) Loans shall be awarded to qualified school districts and qualified developers in partnership.
(B) Loans shall be based on the accomplishment of predevelopment milestones, as determined by the department, including, but not limited to, engineering studies, architectural plans, application fees, legal services, permits, bonding, and site preparation.
(3) Make loans to qualified
developers.
(4) Publish deadlines and written procedures for qualified school districts and qualified developers to apply for financing assistance.
(5) Require the affordability of units built with financing assistance pursuant to this chapter to be restricted for at least 55 years.
(c) A qualified school district seeking a grant shall apply for a predevelopment loan, in partnership with a qualified developer, in the form and manner prescribed by the department.
(d) A qualified developer seeking a loan shall apply for a loan in the form and manner prescribed by the department.
50572.
(a) There is hereby created in the State Treasury the California School Employee Housing Assistance Fund. Moneys in the fund shall only be available for purposes of this chapter upon appropriation by the Legislature.(b) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, an appropriation of funds from the California School Employee Housing Assistance Fund for purposes of this chapter shall not be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2023–24 fiscal year and annually thereafter, and shall not be included within the “total allocations to school districts and community college
districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2022–23 fiscal year and annually thereafter.
50573.
(a) The department shall make loans to qualified developers using a project selection process established by the department that meets all of the following requirements:(1) To the extent feasible, ensures a reasonable geographic distribution of funds.
(2) Requires applications for projects to meet minimum threshold requirements, including, but not limited to, all of the following:
(A) The proposed project is located within reasonable proximity to public transportation and services.
(B) Development costs for the proposed project are reasonable
compared to costs of comparable projects in the area.
(C) The proposed project is feasible.
(3) The proposed project leverages other funds where they are available.
(b) (1) Loans made pursuant to this section shall be for a term of not less than 55 years.
(2) Principal and accumulated interest is due and payable upon completion of the term of the loan. The loan shall bear simple interest at the rate of 3 percent per annum on the unpaid principal balance. The department shall require annual loan payments in a minimum amount necessary to cover the costs of project monitoring. For the first 30 years of the loan term, the amount of the required loan payments shall not exceed 0.42 percent per annum.
(3) Any moneys that the department receives in repayment of the loans, including interest, shall be deposited in the California School Employee Housing Assistance Fund. These moneys shall be used for the purposes of this chapter.
50574.
Implementation of this chapter shall be subject to appropriation by the Legislature for the purposes of this chapter in the Budget Act or another statute.It is the intent of the Legislature to enact legislation that would create incentives for the building of affordable housing for local educational agencies.
